beta
Text
1. The plaintiff's main claim is dismissed.
2. Upon arrival of October 29, 2017 to the Plaintiff, the Defendant answers C. 3.
Reasons
1. In full view of the facts that there is no dispute between the parties to the facts of recognition, and the purport of the entire pleadings as to the entries in Gap evidence No. 2, it is recognized that the plaintiff leased the land of this case to the defendant during the lease period from October 29, 2014 to October 29, 2016, with the rent of KRW 2,00,000 per annum (hereinafter “the lease of this case”).
2. The plaintiff's assertion
A. In the first place, the land in this case is not subject to the Farmland Act, and even if it is subject to the Farmland Act, there were inevitable reasons to set the term of the lease to be less than three years, and thus, the term of the lease in this case expired, and the Plaintiff was also terminated on the grounds of the Defendant’s rent delay, and thus, the Defendant is obliged to deliver the land to the Plaintiff on the grounds of the termination of the lease in this case.
B. Preliminaryly, even if the lease term of this case is three years under the Farmland Act, the defendant refuses to deliver the land of this case at the expiration of the lease term. Therefore, the plaintiff needs to request it in advance.
3. Judgment on the main claim
A. The term "farmland" under the Farmland Act means the paddy field, paddy field, orchard, and other land actually used for the cultivation of agricultural crops or for the cultivation of perennial plants regardless of the legal land category (Article 2 subparagraph 1 of the Farmland Act), farmland lease shall be at least three years unless there is any inevitable reason to the contrary, and where the term of the lease is shorter than three years, it shall be deemed that the term of the lease is three years (Article 24-2 of the Farmland Act). In this case, the land category constitutes "farmland" under the Farmland Act, and the term of the lease of this case was agreed two years, and there is no other evidence to acknowledge that there is an inevitable reason to agree the term of the lease of this case between the Plaintiff and the Defendant shorter than three years.
Therefore, the lease term of this case shall be deemed to have been agreed to three years, and this shall apply.